HomeMy WebLinkAboutFresno County Economic Opportunities Commission-Oral Health School Based Sealant Program_A-20-025 (2).pdf 4 coU� Count/ of Fresno Hall of Records,Room 301
7 2281 Tulare Street
Fresno,California
Board of Supervisors 93721-2198
O 1S5 O Telephone:(559)600-3529
FRE`' Minute Order Toll Free:1-800-742-1011
www.co.fresno.ca.us
January 7, 2020
Present: 5- Chairman Buddy Mendes,Vice Chairman Steve Brandau, Supervisor Nathan Magsig,
Supervisor Brian Pacheco,and Supervisor Sal Quintero
Agenda No. 33. Public Health File ID: 19-1500
Re: Approve and authorize the Chairman to execute an Agreement with Fresno County Economic
Opportunities Commission,to implement a school-based sealant program,effective upon execution
through June 30,2022($520,000)
APPROVED AS RECOMMENDED
Ayes: 5- Mendes, Brandau, Magsig, Pacheco,and Quintero
Agreement No.20-025
County of Fresno Page 40
co
Board Agenda Item 33
O 1856 O
FRE`'�
DATE: January 7, 2020
TO: Board of Supervisors
SUBMITTED BY: David Pomaville, Director, Department of Public Health
SUBJECT: Agreement with Fresno County Economic Opportunities Commission
RECOMMENDED ACTION(S):
Approve and authorize the Chairman to execute an Agreement with Fresno County Economic
Opportunities Commission,to implement a school-based sealant program,effective January 7,2020
through June 30, 2022($520,000).
Approval of the recommended action will allow the Department of Public Health's Local Oral Health Program
(LOHP)to work with Fresno County Economic Opportunities Commission (Fresno EOC)to implement an
evidence-based program increasing the number of school aged children in grades K-6 receiving
preventative oral health services with no increase in Net County Cost.This item is countywide.
ALTERNATIVE ACTION(S):
There is no viable alternative action. Should your Board not approve the recommended action,the
Department would be unable to achieve the California Oral Health Plan Objectives as outlined in the
California Department of Public Health (CDPH) Local Oral Health Program (LOHP)grant scope of work and
risk possible denial or reduction in future Prop 56 funding.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended action. The recommended
agreement is fully funded with the CDPH's LOHP's grant award. The maximum compensation for the
two-year six-month term is$520,000 and funds the staff and supplies.
$130,000=Year I (Jan. 07, 2020-June 30, 2020)
$195,000=Year II (July 01,2020-June 30,2021)
$195,000=Year III (July 01,2021 -June 30, 2022)
Sufficient appropriations and estimated revenues are included in the Department's Org 5620 FY 2019-20
Adopted Budget and will be included in future budget requests for the duration of the term.
DISCUSSION:
On February 6, 2018, your Board approved the CDPH's LOHP grant award to support the completion of
activities that support the state oral health plan build capacity at the local level for the facilitation and
implementation of education, prevention, linkage to treatment, surveillance, and case management services
in the community to address the oral health needs of the population groups within the communities, and
implement evidence based or evidence informed programs. Funding for this five-year program comes from
County of Fresno Page 1 File Number.19-1500
File Number.' 19-1500
California Proposition 56: Cigarette Tax to Fund Healthcare(2016)and is expected to continue beyond the
initial five-year term.
On July 30,2019, the County of Fresno, on behalf of the Internal Services Department-Purchasing Division
issued Request for Proposal (RFP) No. 20-003 for Implementing a School-Based Sealant Program to
vendors registered in Public Purchase. The response period closed on September 16, 2019, receiving a
response from Fresno EOC.
A three-person evaluation panel composed of a representative from the Department of Public Health, CSU
Fresno and Fresno Unified School District, evaluated the proposal solely based on the requirements of the
RFP. Each evaluator individually reviewed the proposal on its own merit, based on bidder's quality of
proposed services,demonstrated implementation ability, and administrative capability. The evaluators
unanimously concluded that Fresno EOC's proposal showed the experience, expertise, and administrative
capacity necessary to implement this program immediately would best benefit the County and satisfy the
RFP requirements.
Approval of the recommended agreement will allow the Department to fulfill grant activity of implementing an
evidence-based program to improve the oral health of elementary school aged children through preventative
oral health services through contract with Fresno EOC to provide approximately 2,000 dental sealants and
3,000 fluoride varnishes to low-income, elementary school-aged children in grades K-6.
REFERENCE MATERIAL:
BAI#26, February 6, 2018
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk-Agreement with Fresno EOC
CAO ANALYST:
Raul Guerra
County of Fresno Page 2 File Number.19-1500
Agreement No. 20-025
1 AGREEMENT
2
3 THIS AGREEMENT is made and entered into this 71" day of January, 2020, by and between the
4 COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter referred to as
5 "COUNTY", and Fresno County Economic Opportunities Commissions, DBA Fresno EOC, a non-profit
6 501 c3 organization, whose address is 1920 Mariposa Street, Suite 300, Fresno, California, 93721,
7 hereinafter referred to as"CONTRACTOR".
8 WITNESSETH:
9 WHEREAS, COUNTY, through its Department of Public Health (Department), is in need of a
10 qualified vendor to implement evidenced based programs that improve the oral health of elementary school
11 aged children; and
12 WHEREAS, COUNTY, is in need of a qualified vendor to implement evidenced based oral health
13 programs that serve low-income children; and
14 WHEREAS, COUNTY, is in need of a qualified vendor to administer dental sealants and fluoride
15 varnishes to elementary school aged children; and
16 WHEREAS, COUNTY, is in need of a qualified vendor to connect families to a primary dental
17 home; and
18 WHEREAS, COUNTY has issued Request for Proposal(RFP) No. 20-003 dated July 30,2019,
19 Addendum No. One(1)to COUNTY's RFP No. 20-003 dated August 27, 2019,thereto(collectively referred
20 to herein as COUNTY's Revised RFP, for the above stated services; and
21 WHEREAS, CONTRACTOR, submitted a Proposal in response to the Revised RFP; and
22 WHEREAS,the COUNTY has evaluated the CONTRACTOR's Proposal in response to the Revised
23 RFP and has determined the CONTRACTOR to be a responsive, responsible bidder whose Proposal
24 meets the COUNTY's needs.
25 NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein
26 contained, the parties hereto agree as follows:
27 1. OBLIGATIONS OF THE CONTRACTOR
28 A. CONTRACTOR shall perform all services and fulfill all responsibilities identified in
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1 Exhibit A, attached hereto and by this reference incorporated herein.
2 B. CONTRACTOR shall work in partnership with the Department's Local Oral Health
3 Program (LOHP) staff, the Oral Health Advisory Committee and, Central Valley Health Policy Institute
4 for planning, reporting, and evaluation.
5 C. CONTRACTOR shall hire and designate one full-time Program Coordinator
6 designated at 1.0 FTE and one part-time Medical or Dental Assistant designated at .50 FTE.
7 D. CONTRACTOR is responsible for annually facilitating the placement of dental
8 sealants and fluoride varnishes for Fresno County children enrolled in K-611' grade.
9 E. CONTRACTOR is responsible for attending monthly Departmental programmatic
10 meetings, or as scheduled, to share progress of program activities.
11 F. CONTRACTOR is responsible for attending calls or meetings as organized by the
12 California Department of Public Health (CDPH).
13 2. TERM
14 The term of this Agreement shall be effective upon execution through and including June 30, 2022.
15 3. TERMINATION
16 A. Non-Allocation of Funds-The terms of this Agreement, and the services to be
17 provided hereunder, are contingent on the approval of funds by the appropriating government agency.
18 Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
19 terminated, at any time by giving the CONTRACTOR thirty (30) days advance written notice. Funding for
20 these services is provided by the California Department of Public Health, through Proposition 56, The
21 California Healthcare, Research and Prevention Tobacco Tax Act of 2016.
22 B. Breach of Contract-The COUNTY may immediately suspend or terminate this
23 Agreement in whole or in part, where in the determination of the COUNTY there is:
24 1) An illegal or improper use of funds;
25 2) A failure to comply with any term of this Agreement;
26 3) A substantially incorrect or incomplete report submitted to the COUNTY;
27 4) Improperly performed service.
28 In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any breach
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1 of this Agreement or any default which may then exist on the part of the CONTRACTOR. Neither shall such
2 payment impair or prejudice any remedy available to the COUNTY with respect to the breach or default.
3 The COUNTY shall have the right to demand of the CONTRACTOR the repayment to the COUNTY of any
4 funds disbursed to the CONTRACTOR under this Agreement, which in the judgment of the COUNTY were
5 not expended in accordance with the terms of this Agreement. The CONTRACTOR shall promptly refund
6 any such funds upon demand.
7 C. Without Cause- Under circumstances other than those set forth above, this
8 Agreement may be terminated by COUNTY upon the giving of thirty (30)days advance written notice of an
9 intention to terminate to CONTRACTOR.
10 4. COMPENSATION/INVOICING: COUNTY agrees to pay CONTRACTOR and
11 CONTRACTOR agrees to receive compensation as identified in Exhibit B, attached hereto and
12 incorporated herein by this reference. In no event shall services performed under this Agreement for the
13 period beginning upon execution of this Agreement through and including June 30, 2020 be in excess of
14 One Hundred Thirty Thousand Dollars and Noll 00 ($130,000.00). In no event shall services performed
15 under this Agreement for the period beginning July 1, 2020 through and including June 30,2021 be in
16 excess of One Hundred Ninety-Five Thousand Dollars and No/100($195,000.00). In no event shall
17 services performed under this Agreement for the period beginning July 1, 2021 through and including June
18 30, 2022 be in excess of One Hundred Ninety-Five Thousand Dollars and No/100 ($195,000.00). It is
19 understood that all expenses incidental to CONTRACTOR'S performance of services under this
20 Agreement shall be borne by CONTRACTOR.
21 A. Payments by COUNTY shall be in arrears, for services provided during the
22 preceding month, within forty-five (45) days after receipt and verification of CONTRACTOR's invoices by
23 COUNTY's Department of Public Health. If CONTRACTOR should fail to comply with any provision of
24 this Agreement, COUNTY shall be relieved of its obligation for further compensation.
25 B. COUNTY shall not be obligated to make any payments under this Agreement if
26 the request for payment is received by the COUNTY more than forty-five (45) days after this Agreement
27 has terminated or expired.
28 C. CONTRACTOR shall be held financially liable for any and all future
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1 disallowances/audit exceptions due to CONTRACTORS deficiency discovered through the State audit
2 process. At COUNTY's election, the disallowed amount will be remitted within forty-five(45) days to
3 COUNTY upon notification or shall be withheld from subsequent payments to CONTRACTOR.
4 CONTRACTOR shall submit monthly invoices, by the thirtieth (30'h) day of each month for the
5 prior month's expenditures, either electronically or via mail, to the County of Fresno, Department of
6 Public Health, Attention: Office of Health Policy and Wellness (OHPW)— LOHP, Staff Analyst, P.O. Box
7 11867, Fresno, CA 93775-1800. Invoices shall detail line items as specified in Exhibit B, including
8 original budget amount(s), current month's expenses, year-to-date expenses, and budget balances. In
9 addition, invoices shall also include all relevant supporting documentation including but not limited to
10 copies of original statements, program expense receipts, payroll records and mileage claims.
11 5. INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations
12 assumed by CONTRACTOR under this Agreement, it is mutually understood and agreed that
13 CONTRACTOR, including any and all of the CONTRACTOR'S officers, agents, and employees will at all
14 times be acting and performing as an independent contractor, and shall act in an independent capacity and
15 not as an officer, agent, servant, employee,joint venturer, partner, or associate of the COUNTY.
16 Furthermore, COUNTY shall have no right to control or supervise or direct the manner or method by which
17 CONTRACTOR shall perform its work and function. However, COUNTY shall retain the right to administer
18 this Agreement so as to verify that CONTRACTOR is performing its obligations in accordance with the
19 terms and conditions thereof.
20 CONTRACTOR and COUNTY shall comply with all applicable provisions of law and the rules and
21 regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.
22 Because of its status as an independent contractor, CONTRACTOR shall have absolutely no right
23 to employment rights and benefits available to COUNTY employees. CONTRACTOR shall be solely liable
24 and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In
25 addition, CONTRACTOR shall be solely responsible and save COUNTY harmless from all matters relating
26 to payment of CONTRACTOR'S employees, including compliance with Social Security withholding and all
27 other regulations governing such matters, It is acknowledged that during the term of this Agreement,
28 CONTRACTOR may be providing services to others unrelated to the COUNTY or to this Agreement.
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1 6. MODIFICATION: Any matters of this Agreement may be modified from time to time by the
2 written consent of all the parties without, in any way, affecting the remainder. Notwithstanding the above,
3 changes to line items in the budget, attached hereto as Exhibit B, that do not exceed ten percent (10%) of
4 the maximum compensation payable to the CONTRACTOR may be made with written approval of
5 COUNTY's Department of Public Health Director or designee. Said budget line item changes shall not
6 result in any change to the maximum compensation amount payable to CONTRACTOR, as stated herein.
7 7. NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this Agreement nor
8 their rights or duties under this Agreement without the prior written consent of the other party.
9 8. HOLD HARMLESS: CONTRACTOR agrees to indemnify, save, hold harmless, and at
10 COUNTY'S request, defend the COUNTY, its officers, agents, and employees from any and all costs and
11 expenses (including attorney's fees and costs), damages, liabilities, claims, and losses occurring or
12 resulting to COUNTY in connection with the performance, or failure to perform, by CONTRACTOR, its
13 officers, agents, or employees under this Agreement, and from any and all costs and expenses (including
14 attorney's fees and costs), damages, liabilities, claims, and losses occurring or resulting to any person, firm,
15 or corporation who may be injured or damaged by the performance, or failure to perform, of
16 CONTRACTOR, its officers, agents, or employees under this Agreement.
17 9. INSURANCE
18 Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any
19 third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following
20 insurance policies or a program of self-insurance, including but not limited to, an insurance pooling
21 arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement:
22 A. Commercial General Liability
23 Commercial General Liability Insurance with limits of not less than Two Million
Dollars ($2,000,000.00) per occurrence and an annual aggregate of Four Million
24 Dollars ($4,000,000.00). This policy shall be issued on a per occurrence basis.
25 COUNTY may require specific coverages including completed operations,
products liability, contractual liability, Explosion-Collapse-Underground, fire legal
26 liability or any other liability insurance deemed necessary because of the nature of
this contract.
27
28
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1 B. Automobile Liability
2 Comprehensive Automobile Liability Insurance with limits of not less than One
Million Dollars ($1,000,000.00) per accident for bodily injury and for property
3 damages. Coverage should include any auto used in connection with this
4 Agreement.
5 C. Professional Liability
6 If CONTRACTOR employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W.,
M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less
7 than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars
($3,000,000.00) annual aggregate.
8
D. Worker's Compensation
9
A policy of Worker's Compensation insurance as may be required by the California
10 Labor Code.
11 E. Molestation
12 Sexual abuse/molestation liability insurance with limits of not less than One Million
13 Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) annual
aggregate. This policy shall be issued on a per occurrence basis.
14
Additional Requirements Relating to Insurance
15
16 CONTRACTOR shall obtain endorsements to the Commercial General Liability insurance naming
17 the County of Fresno, its officers, agents, and employees, individually and collectively, as additional
18 insured, but only insofar as the operations under this Agreement are concerned. Such coverage for
19 additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained
20 by COUNTY, its officers, agents and employees shall be excess only and not contributing with insurance
21 provided under CONTRACTOR's policies herein. This insurance shall not be cancelled or changed without
22 a minimum of thirty (30) days advance written notice given to COUNTY.
23 CONTRACTOR hereby waives its right to recover from COUNTY, its officers, agents, and
24 employees any amounts paid by the policy of worker's compensation insurance required by this
25 Agreement. CONTRACTOR is solely responsible to obtain any endorsement to such policy that may be
26 necessary to accomplish such waiver of subrogation, but CONTRACTOR's waiver of subrogation under
27 this paragraph is effective whether or not CONTRACTOR obtains such an endorsement.
28 Within Thirty (30) days from the date CONTRACTOR signs and executes this Agreement,
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1 CONTRACTOR shall provide certificates of insurance and endorsement as stated above for all of the
2 foregoing policies, as required herein, to the County of Fresno, Department of Public Health, P.O. Box
3 11867, Fresno, CA 93775, Attention: Contracts Section—61h Floor, stating that such insurance coverage
4 have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will
5 not be responsible for any premiums on the policies; that for such worker's compensation insurance the
6 CONTRACTOR has waived its right to recover from the COUNTY, its officers, agents and employees any
7 amounts paid under the insurance policy and that waiver does not invalidate the insurance policy; that such
8 Commercial General Liability insurance names the County of Fresno, its officers, agents and employees,
9 individually and collectively, as additional insured, but only insofar as the operations under this Agreement
10 are concerned; that such coverage for additional insured shall apply as primary insurance and any other
11 insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees,shall be excess
12 only and not contributing with insurance provided under CONTRACTOR's policies herein, and that this
13 insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice
14 given to COUNTY.
15 In the event CONTRACTOR fails to keep in effect at all times insurance coverage as herein
16 provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this
17 Agreement upon the occurrence of such event.
18 All policies shall be issued by admitted insurers licensed to do business in the State of California,
19 and such insurance shall be purchased from companies possessing a current A.M. Best, Inc. rating of A
20 FSC VI or better.
21 10. AUDITS AND INSPECTIONS: The CONTRACTOR shall at any time during business
22 hours, and as often as the COUNTY may deem necessary, make available to the COUNTY for
23 examination all of its records and data with respect to the matters covered by this Agreement. The
24 CONTRACTOR shall, upon request by the COUNTY, permit the COUNTY to audit and inspect all of
25 such records and data necessary to ensure CONTRACTOR'S compliance with the terms of this
26 Agreement.
27 If this Agreement exceeds ten thousand dollars ($10,000.00), CONTRACTOR shall be subject to
28 the examination and audit of the Auditor General for a period of three(3) years after final payment under
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1 contract (Government Code Section 8546.7).
2 11. CONFIDENTIALITY: All services performed by CONTRACTOR under this Agreement
3 shall be in strict conformance with all applicable Federal, State of California and/or local laws and
4 regulations relating to confidentiality.
5 12. NON-DISCRIMINATION: During the performance of this Agreement, CONTfRACTOR
6 shall not unlawfully discriminate against any employee or applicant for employment, or recipient of services,
7 because of race, religious creed, color, national origin, ancestry, physical disability, mental disability,
8 medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age,
9 sexual orientation, military status or veteran status pursuant to all applicable State of California and Federal
10 statutes and regulation.
11 13. DATA SECURITY
12 For the purpose of preventing the potential loss, misappropriation or inadvertent access,
13 viewing, use or disclosure of COUNTY data including sensitive or personal client information; abuse of
14 COUNTY resources; and/or disruption to COUNTY operations, individuals and/or agencies that enter into a
15 contractual relationship with the COUNTY for the purpose of providing services under this Agreement must
16 employ adequate data security measures to protect the confidential information provided to
17 CONTRACTOR by the COUNTY, including but not limited to the following:
18 A. CONTRACTOR-Owned Mobile, Wireless, or Handheld Devices
19 CONTRACTOR may not connect to COUNTY networks via personally-
20 owned mobile, wireless or handheld devices, unless the following conditions are met:
21 1) CONTRACTOR has received authorization by COUNTY for telecommuting
22 purposes;
23 2) Current virus protection software is in place;
24 3) Mobile device has the remote wipe feature enabled; and
25 4) A secure connection is used.
26 B. CONTRACTOR-Owned Computers or Computer Peripherals
27 CONTRACTOR may not bring CONTRACTOR-owned computers or computer
28 peripherals into the COUNTY for use without prior authorization from the COUNTY's Chief Information
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I Officer, and/or designee(s), including but not limited to mobile storage devices. If data is approved to be
2 transferred, data must be stored on a secure server approved by the COUNTY and transferred by means of
3 a Virtual Private Network(VPN) connection, or another type of secure connection. Said data must be
4 encrypted.
5 C. COUNTY-Owned Computer Equipment
6 CONTRACTOR or anyone having an employment relationship with the COUNTY:
7 may not use COUNTY computers or computer peripherals on non-COUNTY premises without prior
8 authorization from the COUNTY's Chief Information Officer, and/or designee(s).
9 D. CONTRACTOR may not store COUNTY's private, confidential or sensitive data on
10 any hard-disk drive, portable storage device, or remote storage installation unless encrypted.
11 E. CONTRACTOR shall be responsible to employ strict controls to ensure the integrity
12 and security of COUNTY's confidential information and to prevent unauthorized access, viewing, use or
13 disclosure of data maintained in computer files, program documentation, data processing systems, data
14 files and data processing equipment which stores or processes COUNTY data internally and externally.
15 F. Confidential client information transmitted to one party by the other by means of
16 electronic transmissions must be encrypted according to Advanced Encryption Standards(AES) of 128 BIT
17 or higher. Additionally, a password or pass phrase must be utilized.
18 G. CONTRACTOR is responsible to immediately notify COUNTY of any violations,
19 breaches or potential breaches of security related to COUNTY's confidential information, data maintained in
20 computer files, program documentation, data processing systems, data files and data processing
21 equipment which stores or processes COUNTY data internally or externally.
22 H. COUNTY shall provide oversight to CONTRACTOR's response to all incidents
23 arising from a possible breach of security related to COUNTY's confidential client information provided to
24 CONTRACTOR. CONTRACTOR will be responsible to issue any notification to affected individuals as
25 required by law or as deemed necessary by COUNTY in its sole discretion. CONTRACTOR will be
26 responsible for all costs incurred as a result of providing the required notification.
27 14. RECORDS: Financial and statistical data shall be kept and reports made as required by
28 the COUNTY's Department of Public Health Director and the State. All such records shall be available
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1 for inspection by the designated Auditors of COUNTY or State at reasonable times during normal
2 business hours. All such records shall be maintained through the end of this Agreement.All records
3 shall be considered property of COUNTY and shall be retained by COUNTY at the termination or
4 expiration of this Agreement.
5 15. REPORTS: CONTRACTOR shall submit to COUNTY within ten (10) calendar days all
6 program reports for the preceding month. CONTRACTOR shall also furnish to COUNTY such statements,
7 records, reports, data, and other information as COUNTY may request pertaining to matters covered by this
8 Agreement. In the event that CONTRACTOR fails to provide such reports or other information required
9 hereunder, it shall be deemed sufficient cause for COUNTY to withhold monthly payments until there is
10 compliance. In addition, CONTRACTOR shall provide written notification and explanation to the COUNTY
11 within five (5) days of any funds received from another source to conduct the same services covered by this
12 Agreement.
13 16. COMPLIANCE WITH STATE REGULATIONS: CONTRACTOR recognizes that COUNTY
14 operates is LOHP with the use of state funds, and that the use of these funds imposes certain requirements
15 on the COUNTY and its subcontractors. CONTRACTOR shall adhere to all State requirements, including
16 those identified in Exhibit C, attached hereto and by this reference incorporated herein and made part of
17 this Agreement. It is understood that Exhibit C also grants the COUNTY certain rights, which are reserved
18 to the State; such rights are fully described therein.
19 17. NOTICES: The persons and their addresses having authority to give and receive notices
20 under this Agreement include the following:
21 COUNTY CONTRACTOR
Director, County of Fresno Brian Angus, CEO
22 Department of Public Health Fresno E.O.C.
P.O. Box 11867 1920 Mariposa Street, Suite 300
23 Fresno, California 93775 Fresno, California 93721
24 All notices between the COUNTY and CONTRACTOR provided for or permitted under this
25 Agreement must be in writing and delivered either by personal service, by first-class United States mail, by
26 an overnight commercial courier service, or by telephonic facsimile transmission. A notice delivered by
27 personal service is effective upon service to the recipient. A notice delivered by first-class United States
28 mail is effective three COUNTY business days after deposit in the United States mail, postage prepaid,
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1 addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one
2 COUNTY business day after deposit with the overnight commercial courier service, delivery fees prepaid,
3 with delivery instructions given for next day delivery, addressed to the recipient. A notice delivered by
4 telephonic facsimile is effective when transmission to the recipient is completed (but, if such transmission is
5 completed outside of COUNTY business hours, then such delivery shall be deemed to be effective at the
6 next beginning of a COUNTY business day), provided that the sender maintains a machine record of the
7 completed transmission. For all claims arising out of or related to this Agreement, nothing in this section
8 establishes, waives, or modifies any claims presentation requirements or procedures provided by law,
9 including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code,
10 beginning with section 810).
11 18. GOVERNING LAW: Venue for any action arising out of or related to this Agreement shall
12 only be in Fresno County, California.
13 The rights and obligations of the parties and all interpretation and performance of this Agreement
14 shall be governed in all respects by the laws of the State of California.
15 19. DISCLOSURE OF SELF-DEALING TRANSACTIONS: This provision is only applicable if
16 the CONTRACTOR is operating as a corporation (a for-profit or non-profit corporation) or if during the term
17 of the agreement, the CONTRACTOR changes its status to operate as a corporation.
18 Members of the CONTRACTOR's Board of Directors shall disclose any self-dealing transactions
19 that they are a party to while CONTRACTOR is providing goods or performing services under this
20 agreement. A self-dealing transaction shall mean a transaction to which the CONTRACTOR is a party
21 and in which one or more of its directors has a material financial interest. Members of the Board of
22 Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a
23 Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit D and incorporated herein by
24 reference, and submitting it to the COUNTY prior to commencing with the self-dealing transaction or
25 immediately thereafter.
26 20. SEVERABILITY: The provisions of this Agreement are severable. The invalidity or
27 unenforceability of any one provision in the Agreement shall not affect the other provisions.
28 21. ENTIRE AGREEMENT: This Agreement, including Exhibits A through D constitute the
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1 entire agreement between the CONTRACTOR and COUNTY with respect to the subject matter hereof and
2 supersedes all previous Agreement negotiations, proposals, commitments, writings, advertisements,
3 publications, and understanding of any nature whatsoever unless expressly included in this Agreement.
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1 IN WITNESS WHEREOF, he parties hereto have executed this Agreement as of the day and year
2 first hereinabove written.
3 CONTRACTOR: COUNTY OF FRESNO:
Fresno County Economic Opportunities
4 Commission, DBA, Fresno EOC
5
(Authorized Signature) Ernest Bud
dy Men ,des airman a, Bord of
8 J Supervisors of the County of Fresno
9
/� Brian Angus CEO
11
ATTEST:
12 Bernice E. Seidel
1920 Mariposa Street, Fresno, California Clerk of the Board of Supervisors
13 93721 County of Fresno, State of California
14 Mailing Address
15 By: 29
Deputy
16
17
18
19
20
21
22 FOR ACCOUNTING USE ONLY:
23 Fund/Subclass: 0001/10000
ORG: 56201553
24 Account: 7295
SMA
25
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Exhibit A
SBSP Scope of Work
Vendor Responsibilities and Activities:
. The SBSP shall be implemented at a minimum of three school sites within any school district in
Fresno County that serve low-income children.
II . The program has a targeted reach of 2,000 sealants by the end of year three.
III. The targeted reach for fluoride varnishes are 2,000 in year one, 2,500 in year two and 3,000 by
the end of year three.
Evaluation, Deliverable,and/or
Activity Description Time Frame performance Measure
Annually, identify children in grades Execution- List of participating schools, number of children to
K-6 to receive dental sealants. 06/30/22 be served at each school site,grade level for each
1 Children receiving sealants must also child.
receive a retention check-up. List
number of children to be served-
Obtain input from school Written summary of input from each person
administrator, lead teacher, school Execution- contacted,schedule of planned activities.
3 nurse, or oral health contact at 06/30/22
identified schools to schedule
activities.
Develop and annually distribute Execution- List of sealant educational materials provided;
sealant educational materials 06/30/22 copy of consent form (if applicable).
and/or deliver educational sessions
to teachers, parents,and students,
5A and send educational sealant
information home with sealant
consent form (if referral provider
will provide services on-site at the
school).
Schedule time at school site to Execution- Correspondence with permission from school to
6 conduct screening with those 06/30/22 conduct screening.
children who submitted signed
consent forms.
Conduct a basic dental screening of Execution- Signed consent forms,summary of survey results.
7 students to determine dental status 06/30/22
with parental permission.
Conduct screening event with Execution- Correspondence with school with permission to
8 adults(teachers,site personnel, 06/30/22 conduct screening event
and volunteers.)
Annually determine the number of Execution- List of children needing sealants at each school
children that need dental sealants 06/30/22 site. Cumulative totals for each list.
9A and the number of sealants per
child. Follow-up with teachers to
ensure notices were sent home.
Page 1 of 4
Exhibit A
SBSP Scope of Work
Activity Description Time Frame Evaluation, Deliverable,and/or
Performance Measure
Annually,facilitate dental sealant Execution- List of the schedule of events, number of children
placement by a dentist, registered 06/30/22 served at each school site, number of sealants
dental hygienist in alternative provided
practice or registered dental
hygienist at provider site,or will
10 place sealants on a minimum of 5%
of targeted children with signed
parental consent form at a
coordinated sealant event with
teachers, site personnel, and
volunteers.
Refer children and families to the Execution- Number of referrals,date of referral.
11 Fresno County Free Dental Services 06/30/22
program to establish a dental
home.
12 Annually, complete sealant Execution- Summary of follow-up activities, number of
retention checks on a minimum of 06/30/22 children who received retention checks,
10%of the children who received screening forms on file.
_ sealants during the school year.
13 Annually, identify students in Execution- List of schools identified to participate,number
grades K-6 that will receive at least 06/30/22 of children receiving education, list of materials
one instructional visit on oral provided,training schedule, list of training topics
health, lasting at least 20 minutes,
using appropriate scope and
sequence principles. Topics will
include:
• brushing and flossing
• nutrition and healthy
snacks,sugar sweetened
beverages
• the need for regular dental
care and preparation for
visiting the dentist
• tobacco prevention
14 Identify age-appropriate videos and Execution- Video distributed; number of children watching
make available to teachers to 06/30/22 videos
reinforce in-person education.
15 Develop and distribute at-home Execution- Activity sheets distributed
activity sheets for children to 06/30/22
complete with parents.
Page 2 of 4
Exhibit A
SBSP Scope of Work
Activity Description Time Frame Evaluation, Deliverable,and/or
Performance Measure
16 Annually, identify children in grades Execution- List of participating schools, identify if children
K-6 to receive fluoride 06/30/22 will be referred or identify the number of on-site
supplements. Facilitate fluoride events will be planned to provide fluoride
supplements by a dental provider varnish.
or school-based clinic, Federally
Qualified Health Center,
Community Health Center or
identify if an on-site event is will be
conducted at the school. Identify
volunteers or organizations that
provide fluoride varnish and work
with teachers, school
administrators,site personnel, and
volunteers to coordinate the event.
For on-site events, provide and
collect permission slips for
participating children.Children may
receive fluoride rinse,fluoride
varnish,or fluoride tablets. _
17A Attend Oral Health Advisory Execution- Agenda from each meeting attended
Committee Meetings 06/30/22
17 Determine course of action for Execution- OHAC meeting minutes.
identified schools in collaboration 06/30/22
with Oral Health Advisory
Committee (OHAC)
18 For identified school sites,develop Execution- List of culturally appropriate oral health materials
and adapt general oral health and 06/30/22 provided.
hygiene educational materials that
are culturally competent and use
appropriate health literacy level.
20 Develop and annually distribute Execution- List of fluoride educational materials,distribution
fluoride educational materials 06/30/22 list,signed consent forms(on file,if applicable).
and/or deliver educational sessions
to teachers, parents,and students,
and send educational fluoride
information home with fluoride
consentform.
21 Assess number of children eligible to Execution- List of classrooms and number of children to
receive fluoride varnish per 06/30/22 receive fluoride supplement.
identified school.
Page 3 of 4
Exhibit A
SBSP Scope of Work
Activity Description Time Frame Evaluation, Deliverable,and/or
Performance Measure
22 Facilitate referral for fluoride Execution- List of schools, number of children referred for
varnishes or schedule time at 06/30/22 fluoride supplements or number of children
school site to provide fluoride receiving fluoride supplements on-site.
varnishes with local providers to
children who submitted signed
consent forms.
23 Conduct fluoride varnish event at Execution- Number of children receiving fluoride varnish,
school with teachers, site 06/30/22 flyer to promote event if conducted on-site.
personnel, and volunteers.TBD Permission slips maintained by LHJ,if applicable.
number of children that will receive
fluoride varnish.
24 Send notices home with students to Execution- Data captured in report to CDPH;correspondence
inform parents of any relevant 06/30/22 with teachers.
information.
25 Determine total number of children Execution- Provide documentation in progress reports.
who received fluoride treatment. 06/30/22 Provide a summary of clinical linkage efforts and
Follow-up with teachers to ensure on-site events.
notices were sent home.
26E Work with Evaluation Consultant to Execution- Evaluation Report—identify if target participation
identify process and qualitative 06/30/22 rate was met.
indicators for school-based or
school linked programs and
determine if progress on evaluation
objectives/indicators.
27E Work with Evaluation Consultant Execution-
and Department to identify Success 06/30/22 Success stories(qualitative case study)and
Stories to share with local dissemination plan.
programs, policymakers,
stakeholders,and the general
public to help sustain program
efforts.
Page 4 of 4
EXHIBIT B
Yearl
Execution through 06/30/2020
Personnel
Monthly Requested
Position Title Salary Monthly Annual FTE% Months Amount
Range
Project Director $0
Project Coordinator 5300-6500 $5,352 $64,221 100% 8 $42.816.00
Dental Assistant 2800-3800 $2,826 $33,912 100% 8 $22,608.00
Title Total Personnel $65,424.00
Fringe Benefits @ 25% Fringe Benefits @ 25% $16,356.00
Total $81,780.00
Operating Expenses
Space/Rent $1,000 8 $8.000.00
Communications $538 8 $4,304.00
Printing $200 8 $1,600.00
Office Supplies $776 8 $6,208.00
Total Operating Expenses $20,112.00
Labor
Total Labor $0.00
Travel
Milage $629.32 $5,035.00
Total Travel $5,035.00
Other Costs
Laptops $2.500.00
Audit $128.00
Total Other Costs $2,628.00
Indirect Costs(25%of Total Personnel Costs) Indirect $20.445.00
TOTAL COSTS $130,000.00
Year II
07/01/2020 through 06/30/2021
Personnel
Monthly Requested
Position Title Salary Monthly Annual FTE% Months Amount
Ran e
Project Director $0 $0.00
Project
Coordinator 5300-6500 $5,459 $65,508 100% 12 $65,508.00
Dental Assistant 2800-3800 $2.884 $34,608 100% 12 $34,608.00
Total Personnel $100,116.00
Fringe Benefits @ 24.45% Fringe Benefits @ 24.45% $24,478.36
Total $124,594.36
Operating Expenses
Space/Rent 12 $12,000.00
$1,000
Communications 12 $7,200.00
$600
Printing $200 12 $2,400.00
Office Supplies 12 $9,720.60
$810.05
Total Operating Expenses $31,320.60
Labor
Total Labor $0.00
Travel
Milage $645.00 1 12 $7,740.00
Total Travel $7,740.00
Other Costs
Laptops $0.00
Audit $196.00
Total Other Costs $196.00
Indirect Costs(25%of Total Personnel Total Indirect Costs $31,148.59
TOTAL COSTS $195,000.00
Year III
07/01/2021-06/30/2022
Personnel
Monthly
Position Title Salary Monthly Annual FTE% Months Requested
Amount
Range
Project Director $0 $0.00
Project Coordinator 5300-6500 $5,624 $67,483 100% 12 $67,488.00
Dental Assistant 2800-3800 $3.051 $36,615 100% 12 $36,612.00
Total Personnel $104,100.00
Fringe Benefits @ 23.76% Fringe Benefits @ 23.75% $24,723.75
Total $128,824.00
Operating Expenses
Space/Rent 12 $12,000.00
$1,000
Communications 12 $6,000.00
$50D
Printing $100 12 $1,200.00
Office Supplies 12 $6,834.72
$569.56
Total Operating Expenses $26,035.00
Labor
Total Labor $0.00
Travel
Milage $645.00 112 $7,740.00
Total Travel $7,740.00
Other Costs
$0.00
Audit $195.00
Total Other Costs $195.00
Indirect Costs (25%of Total Personnel Costs' Total Indirect Costs $32,206.00
TOTAL COSTS1 $195,000.00
Exhibit C
Page 1 of 4
EXHIBIT C
STANDARD GRANT CONDITIONS
1. APPROVAL: This Grant is of no force or effect until signed by both parties and approved by
the Department of General Services, if required. The Grantee may not commence
performance until such approval has beenobtained
2. AMENDMENT: No amendment or variation of the terms of this Grant shall be valid unless
made in writing, signed by the parties, and approved as required. No oral understanding or
Agreement not incorporated in the Grant is binding on any of the parties. In no case shall
the Department materially alter the scope of the Project set forth in Exhibit A.
3. ASSIGNMENT: This Grant is not assignable by the Grantee, either in whole or in part,
without the written consent of the Grant Manager in the form of a written amendment tothe
Grant.
4. AUDIT: Grantee agrees that the Department, the Bureau of State Audits,or their designated
representative shall have the right to review and to copy any records and supporting
documentation pertaining to this Grant. Grantee agrees to maintain such records for a
possible audit for a minimum of three (3) years after final payment or completion of the
project funded with this Grant, unless a longer period of records retention is stipulated.
Grantee agrees to allow the auditor(s) access to such records during normal business hours
and to allow interviews of any employees who might reasonably have information related to
such records. Further, Grantee agrees to include a similar right of the State to audit records
and interview staff in any subcontract related to the project.
5. CONFLICT OF INTEREST: Grantee certifies that it is in compliance with allapplicable state
and/or Federal conflict of interest laws.
6. INDEMNIFICATION Grantee agrees to indemnify, defend and save harmless the State, its
officers, agents and employees from any and all claims and losses accruing or resulting to
any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or
corporation furnishing or supplying work services. materials, or supplies in connection with
the project,and from any and all claims and losses accruing or resulting to any person, firm
or corporation who may be injured or damaged by Grantee in the performance of any
activities related to the Project.
7. FISCAL MANAGEMENT SYSTEMS AND ACCOUNTING STANDARDS: Grantee agrees
that, at a minimum, its fiscal control and accounting procedures will be sufficient to permit
tracing of all grant funds to a level of expenditure adequate to establish that such funds
have not been used in violation of any applicable state or federal law, or the provisions of
this Grant Grantee further agrees that it will maintain separate Project accounts in
accordance with generally accepted accounting principles.
S. GOVERNING LAW: This Grant is governed by and shall be interpreted inaccordance with
the laws ofthe State of California.
Exhibit C
Page 2 of 4
9. INCOME RESTRICTIONS: Grantee agrees that any refunds, rebates, credits, or other
amounts (including any interest thereon) accruing to or received by the Grantee under this
Grant shall be paid by the Grantee to the Department,to the extent that they are properly
allocable to costs for which the Grantee has been reimbursed by the Department under
this Grant.
10. INDEPENDENT CONTRACTOR: Grantee, and its agents and employees of Grantee,in the
performance of the Project, shall act in an independent capacity and not as officers,
employees or agents of the Department.
11. MEDIA EVENTS: Grantee shall notify the Department's Grant Manager in writing at least
twenty (20)working days before any public or media event publicizing the accomplishments
and/or results of the Project and provide the opportunity for attendance and participation by
Department's representatives.
12.NO THIRD-PARTY RIGHTS: The Department and Grantee do not intend to create any
rights or remedies for any third- party as a beneficiary of this Grant or the project.
13. NOTICE: Grantee shall promptly notify the Department's Grant Manager in writing of any
events, developments or changes that could affect the completion of the project or the budget
approved for this Grant.
14. PROFESSIONALS:Grantee agrees that only licensed professionals will be used to perform
services under this Grant where such services are called for.
15.RECORDS: Grantee certifies that it will maintain Project accounts in accordance with
generally accepted accounting principles. Grantee further certifies that it will comply withthe
fallowing conditions for a grant award as set forth in the Request for Applications (Exhibit D)
and the Grant Application (Exhibit A).
A. Establish an official file for the Project which shall adequately document all
significant actions relative to the Project;
B. Establish separate accounts which will adequately and accurately depict all
amounts received and expended on this Project, including all grant funds received
under this Grant;
C. Establish separate accounts which will adequately depict all income received which
is attributable to the Project, especially including any income attributable to grant
funds disbursed under this Grant;
D. Establish an accounting system which will adequately depict final total costs of the
Project, including both direct and indirect costs; and,
E. Establish such accounts and maintain such records as may be necessary for the
state to fulfill federal reporting requirements, including any and all reporting
requirements under federal tax statutes orregulations.
16.RELATED LITIGATION: Under no circumstances may Grantee use funds from any
disbursement under this Grant to pay for costs associated with any litigation between the
Grantee and the Department.
Fxhibit C
Page 3 of 4
17. RIGHTS IN DATA: Grantee and the Department agree that all data, plans, drawings.
specifications, reports, computer programs, operating manuals, notes, and other written or
graphic work submitted under Exhibit A in the performance of the Project funded by this Grant
shall be in the public domain. Grantee may disclose, disseminate and use in whole or in part,
any final form data and information received,collected, and develope9 under this Project,
subject to appropriate acknowledgment of credit to the Department for financial support.
Grantee shall not utilize the materials submitted to the Department (except data) for any profit-
making venture or sell or grant rights to a third-party who intends to do so. The Department
has the right to use submitted data for all governmental purposes.
18.VENUE: The Department and Grantee agree that any action arising out of this Grant shall be
filed and maintained in the Superior Court, California. Grantee waives any existing sovereign
immunity for the purposes of this Grant, if applicable.
19.STATE-FUNDED RESEARCH GRANTS:
A. Grantee shall provide for free public access to any publication of a department-funded
invention or department-funded technology. Grantee further agrees to all terms and
conditions required by the California Taxpayer Access to Publicly Funded Research Act
(Chapter 2.5 (commencing with Section 13989) of Part 4.5 of Division 3 of Title 2 of the
Government Code).
B. As a condition of receiving the research grant, Grantee agrees to the following terms and
conditions which are set forth in Government Code section 13989.6("Section 13989.E".):
) Grantee is responsible for ensuring that any publishing or copyright
agreements concerning submitted manuscripts fully comply with Section
13989.6.
a Grantees shall report to the Department the final disposition of the research grant,
including, but not limited to, if it was published, when it was published, where it was
published, when the 12-month time period expires, and where the manuscript will be
available for openaccess.
For a manuscript that is accepted for publication in a peer-reviewed journal, the
Grantee shall ensure that an electronic version of the peer-reviewed manuscript is
available to the department and on an appropriate publicly accessible database
approved by the Department, including, but not limited to,the University of California's
eScholarship Repository at the California Digital Library, PubMed Central, or the
California Digital Open Source Library, to be made publicly available not later than 12
months after the official date of publication. Manuscripts submitted to the California
Digital Open Source Library shall be exempt from the requirements in subdivision (b)
of Section 66408 of the Education Code. Grantee shall make reasonable efforts to
comply with this requirement by ensuring that their manuscript is accessible on an
approved publicly accessible database and notifying the Department that the
manuscript is available on a department-approved database. If Grantee is unable to
ensure that their manuscript is accessible on an approved publicly accessible
database, Grantee may comply by providing the manuscript to the Department not
later than 12 months after the official date of publication.
Exhibit C
Page 4 of 4
For publications other than those described in paragraph 8.3 above,including
meeting abstracts, Grantee shall comply by providing the manuscript to the
Departmerb not later than 12 months after the official date of publication
Grantee is authorized to use grant money for publication costs, including fees charged by
a publisher for color and page charges, or fees for digital distribution.
Exhibit D
SELF-DEALING TRANSACTION DISCLOSURE FORM
In orderto conduct business with the County of Fresno(hereinafter referred to as"County"),members of
a contractor's board of directors(hereinafter referred to as"County Contractor"),must disclose any self-
dealing transactions that they are a party to while providing goods, performing services, or both for the
County.A self-dealing transaction is defined below:
"A self-dealing transaction means a transaction to which the corporation is a party and in which one
or more of its directors has a material financial interest"
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1) Enter board member's name,job title(if applicable),and date this disclosure is being made.
(2) Enter the board member's company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the
County.At a minimum,include a description of the following:
a. The name of the agency/company with which the corporation has the transaction; and
b. The nature of the material financial interest in the Corporation's transaction that the
board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
(5) Form must be signed by the board member that is involved in the self-dealing transaction
described in Sections(3)and (4).
Exhibit D
(1)Company Board Member Information:
Name: Date:
Job Title:
(2)Company/Agency Name and Address:
(3)Disclosure(Please describe the nature of the self-dealing transaction you are a party to):
(4)Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233(a):
5)Authorized Signature
Signature: Date: